Appellate Practice Pointer

Appellate Practice Pointer

June 15, 2005

This alert discusses a 2005 Florida Fourth District Court of Appeal case that clarified when a rebuttable presumption of negligence due to spoliation should not be employed. The case also set forth a suggested jury instruction to be used to apply an adverse inference remedy arising from spoliation.


The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.